New Delhi: The Supreme Court Bar Association (SCBA) has made a strong appeal to Chief Justice of India B.R. Gavai and Union Law Minister Arjun Ram Meghwal to expedite the finalization of the Memorandum of Procedure (MoP) for judicial appointments. The SCBA called for a “transparent, equitable, and merit-driven” framework to overhaul the existing system of appointing judges to the Supreme Court and High Courts.
Collegium System Under Scrutiny
In a letter dated September 12, SCBA President and senior advocate Vikas Singh highlighted deep structural flaws within the collegium system, which, although designed to protect judicial independence, has resulted in delays and challenges that undermine judicial integrity and public trust.
Overlooking Qualified Supreme Court Bar Lawyers
Singh pointed out that the current collegium mechanism often overlooks highly qualified lawyers from the Supreme Court Bar for elevation to High Courts in their home states, despite their extensive experience in national jurisprudence.
“The prevailing collegium mechanism, while intended to safeguard judicial independence, has inadvertently created significant challenges. It arbitrarily ignores the vast talent pool within the Supreme Court Bar for elevation to their respective home state High Courts,” Singh stated. “This not only wastes valuable judicial talent but undermines the core principle of merit-based selection.”
Gender Disparity in the Judiciary
The SCBA also raised concerns about the severe under-representation of women in the higher judiciary. Citing official data, Singh noted that as of February 2024, women constituted only 9.5% of sanctioned posts in High Courts and a mere 2.94% in the Supreme Court.
“This is not an abstract concern but a reality borne out by hard data. It reflects systemic exclusion where informal networks and patronage override merit,” he added.
Inclusion of Briefing Lawyers and Juniors
Singh further criticized the marginalization of briefing lawyers and juniors, who, despite being critical contributors behind the scenes, are largely ignored in the appointment process.
“To elevate only the visible face is to perpetuate a flawed understanding of competence,” he emphasized.
Blueprint for Reform and Urgency of Implementation
The SCBA underscored that the Supreme Court has already laid down a blueprint for reforming the MoP, and any further delay in implementing these reforms is indefensible.
Recommendations for Transparency and Fairness
To bring transparency and fairness to the process, the SCBA recommended establishing permanent secretariats in every High Court and the Supreme Court to maintain comprehensive candidate and vacancy data, ensuring institutional memory and accountability.
Singh advocated replacing the informal appointment process with a formal, publicly advertised application system.
“This will ensure that every deserving candidate, including those from the Supreme Court Bar, is considered on demonstrable merit through a structured mechanism,” he said.
Additionally, the SCBA proposed that the MoP include objective eligibility criteria such as minimum age, years of legal practice, reported judgments, and pro bono work to evaluate candidates before elevation to the higher judiciary.
Strengthening Judicial Independence and Public Trust
The SCBA’s appeal signals a crucial step towards reforming India’s judicial appointment system to enhance transparency, inclusivity, and meritocracy, strengthening public confidence in the judiciary’s independence and effectiveness.
